Gay Marriage

(Re-writing in the wake of the SCOTUS ruling on June 26th, 2015)

So I’m sure there are some on my Facebook friends list that are against the allowance of gays getting married. In fact, I know there are at least two, as they were loudly protesting the ruling in June. They’re getting close to being removed if they don’t shut up about it. That’s not intended to be a punishment – that’s just because I don’t want to listen to or read their bullshit.

Why I Support Gay Marriage

I’m sure a lot of the detractors will try to label me as gay or a heretic or some such – my wife might disagree on the gay part – the simple matter is that I have several gay and bisexual friends, and I know how this affects them in a HIGHLY positive way. And it still makes no difference on my marriage (other than the fact that we haven’t alienated our friends).

I also believe in the phrase, “pursuit of Happiness” as shown in the Declaration of Independance. And like outlined in the Declaration, I believe that it is an unalienable right for ALL men and women. This is, essentially, the core idea behind Section 1 of the 14th Amendment.

My Life After SCOTUS’ Ruling

The same as before the ruling. Yup! Since I’m not gay, or looking to marry another man, my life is pretty much the same. In fact, to me, the only changes are the legal benefits for my gay friends. Many of them have often considered their partner to be their spouse already – just without the government benefits like filing taxes together, etc. They knew and understood this limitation to their spousal claim, and lived like husband and husband or wife and wife, regardless. It didn’t change their feelings toward each other, or made them act differently.

 

My Response To Other (non) Related Claims:

Claim: Pedophiles Will Be Allowed to Have Sex With Children

Nope. Won’t happen. See, while the 14th says that the States cannot deny rights or privileges, it adds “without due process of law“. And due process has already stated that sex with minors is already harmful – and that’s the key idea, harmful – to the children who are essentially victimized. Gay marriage isn’t paving the way for this activity, since the only “harm” being inflicted is the OFFENDED harming the OFFENDED. That’s right – basically, if you’re offended, you’re harming yourself. Gays getting married are not harming you. I’ve know many catholics – trust me, getting offended at gay marriage is a choice. Remember when I said only two of my friends are known opponents to gay marriage, but I have many catholic friends?

Claim: Polygamy Will Now Have To Be Legal

Same basic principle. Won’t happen because of the sheer harm it can, and DOES do. There are already studies to show this harm and the far-reaching societal effects polygamy has. Now, this isn’t to bash on polyamory – consensual sex with a partner other than your life partner (with your life partner’s permission, of course). It’s polygamy – getting married to more than one person that is the harmful behavior/act.

Claim: The SCOTUS Ruling Mandates Concealed Carry Reciprocity

I’d love if this was true. But I do not see this working from a legal point of view. I’ve seen an article by Bob Owens on Bearingarms.com (Twitter @bob_owens), and this is one of the few times I’ve disagreed with him. Now, I’d LOVE it if he were right – but I do not believe he is from a legal point of view. In fact, this argument was made on both Opencarry.org and Defensivecarry.com (I am a member of both), and legal professionals have commented on both boards that such a ruling would NOT be made in favor of a gun owner and concealed carrier.

Again, I’d love it if we get national reciprocity as a result. But it’s just not going to happen without a whole other case to base on – and that means either a bill will have to be passed (the last attempt failed, so far), or two district appellate courts would have to rule differently on the same type of case before SCOTUS will even begin to hear this issue.

If you want to be a test case, be my guest. I but can pretty much guarantee you’ll lose, as most trial lawyers will tell you.